Selected Faculty Scholarship

Selected Faculty Scholarship

Academic Articles, Books, and Book Chapters

Professor Ava Ayers
The Impossibility of Local Police Reform, 50 Fordham Urb. L.J. 609 (2023).

Professor Melissa Breger
Honoring the Spirit of Their Rights: Justice Ruth Bader Ginsburg’s Contributions to Constitutional Criminal Procedure, 109 THE JURISPRUDENTIAL LEGACY OF JUSTICE RUTH BADER GINSBERG (Ryan Vacca and Ann Barto, eds., NYU Press, 2023).

Dean Ray Brescia
Teaching to the Tech: Law Schools and the Duty of Technology Competence, 62 Washburn L.J. 507 (2023).
Course Correction: Abolition, Grand Strategy, and the Case Against Golf, 84 Ohio St. L.J. 43 (2023).
LAWYER NATION: THE PAST, PRESENT AND FUTURE OF THE AMERICAN  LEGAL PROFESSION (NYU Press, 2023).
CORE CIVIL PROCEDURE: LEARNING THROUGH MULTIPLE-CHOICE  
QUESTIONS (Carolina Academic Press, 2023).

President and Dean Cinnamon Carlarne

Edith Brown Weiss, Cinnamon P. Carlarne, Daniel B. Magraw, Stephen C. McCaffrey, and Steph Tai, eds. INTERNATIONAL LAW FOR THE ENVIRONMENT (2nd ed., West Academic 2023).
Climate Law Leaps, 108 Iowa L. Rev. Online 102 (2023) with Professor Keith H. Hirokawa

Keith H. Hirokawa & Cinnamon P. Carlarne, A Grand Strategy for Climate Change: Embedding Dominance or Enabling Disruption? Ohio St. Univ. L.J. Online (2023).

Keith H. Hirokawa & Cinnamon P. Carlarne, The Climate Moratorium, __ Texas A&M L. Rev. __ (forthcoming 2023).

Keith H. Hirokawa & Cinnamon P. Carlarne, Climate Dominance, __ Geo. Env’t L. Rev. __ (forthcoming 2023).

Keith H. Hirokawa, Cinnamon P. Carlarne Karrigan S. Börk, & Sonya Ziaja, Mapping Ecosystem Benefit Flows to Normalize Equity, 54 Ariz. St. L.J. 819 (2023).

Cinnamon P. Carlarne & Daniel A. Farber, CLIMATE CHANGE LAW (2nd ed.,  Foundation Press 2023).

Cinnamon P. Carlarne & Keith H. Hirokawa, Disrupting Dominance, __ Conn. L. Rev. __
(forthcoming 2023).

The Acceleration of Climate Creep; The Court Crashes, Congress Surges, 52 Env’t L. Rep. 10778 (Oct. 2022).

Thijs Etty et al., The Possibility of Radical Change in Transnational Environmental Law, 11 Transnat’l Env’t L. 447 (2022).

Climate Courage: Remaking Environmental Law, 41 Stan. Env’t L.J. 125 (2022).
Social Movements, Intersecting Crises, and the  Future of Climate Law, in RESEARCH HAND-BOOK ON THE LAW OF THE PARIS AGREEMENT (Alexander Zahar, ed., Edward Elgar Publishing, forthcoming 2024).

Facing the Worst Climate Case: The Role of Law—De-Centering Dominance for Climate Adaptation in a Worst-Case Climate World  (Katrina Fischer Kuh & Shannon M. Roesler eds., Forthcoming with ELI, 2023.
Cinnamon Carlarne, Environmental Law & Feminism, in THE OXFORD HANDBOOK OF FEMINISM & LAW IN THE UNITED STATES (Martha Chamallas, Deborah Brake, & Verna Williams eds., 2023).

Cinnamon Carlarne, Climate Change, Disasters, & the Rule of Law, in THE CAMBRIDGE
HANDBOOK OF DISASTER LAW: RISK, RECOVERY, AND REDEVELOPMENT
(Susan Kuo, John Marshall, & Ryan Rowberry eds.,2022).

Cinnamon Carlarne & David Driesen,  Climate Change Finance, in THE RESEARCH HANDBOOK ON CLIMATE CHANGE MITIGATION LAW (Leonie Reins &  Jonathan Verschuuren eds., Edward Elgar, 2022).

Matthew Carvalho, Jeremy Mathis, BA Hamzah, Cinnamon Carlarne, Ocean Law, Policies, and Regulation, in OCEANS AND  HUMAN HEALTH: OPPORTUNITIES AND IMPACTS (forthcoming 2023).

Professor Edward W. DeBarbieri

Purchasing Population Growth, Indiana Law Journal, Vol. 98 Issue 2 (2023).

Digitizing The Warranty of Habitability, UC Irvine Law Review, Vol. 13 Issue 2 (2023) with Jordan Fruchter ’20

Local Government Law (West Academic Hornbook Series, 6th ed. 2023).

The Origin Story of the Opportunity Zone Inventive: A Review of David Wessel’s “Only the Rich Can Play,” 31  J. Aff. Housing & Cmty. Dev. L. 9 (2022).

Professor Ciji Dodds
The Rule of Black Capture and the Ahmaud Arbery Case, Georgetown Journal of Law and Modern Critical Race Perspectives, 14 Geo. L.J. & Mod. Critical Race Persp. 31 (2022).

Professor Nina Farnia
Imperialism and Black Dissent, 75 Stan. L. Rev. 397 (2023).

The Iranian-American Intelligentsia in U.S. Foreign Affairs: Ahistoricism, Anti-Structuralism, and the Production of Idealism, Middle East Critique 32 Middle East Critique 243 (2023).

Imperialism in the Making of U.S. Law, 96 St. John’s L. Rev. 131 (2022).

Professor Keith Hirokawa
Cinnamon P. Carlarne & Keith H. Hirokawa, Climate Law Leaps, 108 Iowa L. Rev. Online 102 (2023).

Cinnamon P. Carlarne & Keith H. Hirokawa, A Grand Strategy for Climate Change: Embedding Dominance or Enabling Disruption? 85 Ohio State Law Journal Online 1 (2023).

Keith H. Hirokawa, Cinnamon P. Carlarne Karrigan S. Börk, & Sonya Ziaja, Mapping Ecosystem Benefit Flows to Normalize Equity, 54 Arizona State Law Journal 819 (2023).

Keith H. Hirokawa & Cinnamon P. Carlarne, The Climate Moratorium (forthcoming Texas A&M Law Review, 2023).

Keith H. Hirokawa & Cinnamon P. Carlarne, Climate Dominance (forthcoming Georgetown Environmental Law Review, 2023).

Cinnamon P. Carlarne & Keith H. Hirokawa, Disrupting Dominance (forthcoming Connecti-
cut Law Review 2023).

Professor Jennifer S. Martin
Carol L. Chomsky, Christina L. Kunz, Jennifer S. Martin, & Elizabeth R. Schiltz, LEARNING SALES LAW (2nd ed., West Academic 2022).

Uniform Commercial Code Survey: Sales of Goods, 78 Bus. Law. (2023).

Contributor, Contracts Remedies and the Indifference Principle, Online Symposium on the work of Professor Mel Eisenberg (Mar. 2023).

Professor Sarah Rogerson
New York Must Pass the Access to Representation Act for Immigrants Facing Deportation, City & State New York (Opinion), April 11, 2023.

Interviewed by David Guistina, The Capitol Connection #2321, WAMC, June 1, 2023.

Professor Jonathon Rosenbloom

Sacrifice Zones, 24 Nev L.J. forthcoming (2023).

Goal 11: Sustainable Cities and Communities, Finding Commonalities Among Localized Variation in Making America a Better Place for All, The Sustainable Development Goals (John C.  Dernbach and Scott E. Schang) (ELI 2023) (with Eva Rosenbloom).

Remarkable Cities and the Security and  Sovereignty of Food and Nutrition: 41 Ways to Regenerate the Local Food System (ELI 2023).

Jonathan Rosenbloom & Chris Duerksen,  Saving the World Through Zoning: The Sustainable Development Code, 5 J. Compar. Urb. L. & Pol’y 363 (2022).

Keith H. Hirokawa, Jonathan Rosenbloom, & Michelle C. Zaludek '21, Climate Change Adaptation and Land Use Law, in THE RESEARCH HANDBOOK ON CLIMATE CHANGE ADAPTATION LAW (Jonathan Verschuuren, ed., 2nd. ed., Edward Elgar, 2022).

President and Dean Emeritus  Alicia Ouellette ’94
Lonny Shavelson, Thaddeus M. Pope, Margaret Pabst Battin, Alicia Ouellette, & Benzi Kluger, Neurologic Diseases and Medical Aid in Dying: Aid-in-Dying Laws Create an Underclass of  Patients Based on Disability, 23 J. Am. Bioeth.  5 (2023).

Professor Evelyn Tenenbaum

Splitting Deceased Donor Livers to Double the Transplant Benefits: Addressing the Legal, Ethical, and Practical Challenges, 33 Health Matrix 255 (2023) (with Jed Gross).
Dementia, Sex, and Consent: Beyond the  Uncomplicated Cases, 53(3) Hastings Center Report 45 (2023) (with Jed Gross).

Dean Rosemary Queenan
Amplifying Their Voices: Equity and Assistive  Technology for Children with Disabilities, Dickinson Law Review, Vol. 127, No. 1 (2022).
 

Faculty Achievements

Professor Ava Ayers
Featured in the NY Attorney General Press Release, “Attorney General James Announces Nominee for the Commission on Ethics in Lobbying and Government,” on January 23, 2023.

Featured in the Law 360 story, “Albany Law School Prof Nominated To NY Ethics Committee,” on January 23, 2023.

Featured in the Law.com story, “NY Attorney General Picks Albany Law School Professor to Serve on Ethics Watchdog,” on January 23, 2023.

Featured in the Albany Times Union story, “Attorney general taps Albany Law prof for state ethics post,” on January 23, 2023.

Featured in the Spectrum story, “New York attorney general makes ethics panel nomination,” on January 23, 2023.

Featured in the Law.com story, “Latest Iteration of New York Ethics Panel Assigns New Roles to 5 Attorneys,” on February 23, 2023.

Professor Melissa Breger
Authored the Ms. Magazine article, “‘Matilda’ Spotlights an Unsettling Truth: Spanking in Schools Is Still Pervasive in the U.S.” on  December 12, 2022.

Authored the USA Today op-ed, “From  Balenciaga to Disney, companies profit by sexualizing kids—at a horrific price,” on  January 18, 2023.

Professor Vin Bonventre

Bloomberg Law
“NY Senate Committee Poised to Reject  Hochul’s Chief Judge Pick,” January 18, 2023.
“Suit Over Hochul’s NY Court Pick Tests Senate Panel Clout,” February 10, 2023.
“N.Y. Top Judge Pick Went from Cravath to Leading Court Liberal,” April 18, 2023.

City and State
“Is a state judge willing to intervene on Hector LaSalle’s nomination?” February 13, 2023.
 “Unruly Empire,” February 10, 2023.
 “Is a state judge willing to intervene on Hector LaSalle’s nomination?” February 13, 2023.
 “‘There’s total paralysis.’ With NY’s chief judge vacancy, courts are stagnant,” March 20, 2023.

Law.com/ New York Law Journal
“Progressives Definitely Did Not Want Him, Mixed Reactions to LaSalle as Chief Judge,” December 23, 2022.
“Will NY courts be next battleground for chief judge nomination,” January 20, 2023.
“Legal observers Concerned About Prolonged Vacancy on New York’s top court,” February 6, 2023.
“Criminal Defendants Despite Grossly Unfair Reports to the Contrary are Finding a More Receptive Court of Appeals Under Cannataro,” February 23, 2023.
“Will Commission Tailor its Chief Judge Search to Senate’s Democratic Majority,”  February 21, 2023.
“Key Lawmaker Hails Shortlist, Court Watcher Says Wilson, Halligan, Stoughton Would ‘Sail’ Through Senate,” March 30, 2023.
“Court Watchers Eye Early Challenges  Wilson May Face in Elevation to Chief Judge on April 20, 2023.
“Controversial opinion in rape case was the rough patch in Wilson confirmation but will the row echo,” April 21, 2023.
 “The New York Court of Appeals: A Triumph of Merit Selection,” April 25, 2023.
“Top Court’s Case Dispositions in Steep Decline Since 2016, Study Shows,” April 27, 2023.
Times Union
“U.S. Supreme Court could overturn Kaloyeros wire fraud conviction,” November 25, 2022.
 “Buffalo Billions’ defendants go before U.S. Supreme Court — here’s what you need to know” November 28, 2022.
“Saratoga County DA lets gag order lapse, plans suit to stop talk of police shooting,” December 23, 2022.
“Churchill: The smearing of Hector LaSalle on January 12, 2023.
“Debate over NY chief judge pick intensifies as supporters rally,” January 7, 2023.
“Debate ramps up over nominee,” January 7, 2023.
“Senate GOP sues to force vote on LaSalle,” February 10, 2023.
“Churchill: Stefanik still rides the Trump train,” April 6, 2023.
“Potential lawsuit could pause second Court of Appeals nomination,” April 17, 2023.
“Senate panel supports Wilson’s confirmation as chief judge,” April 17, 2023.
Spectrum News
 “What a Republican victory in this Supreme Court case could mean for New York state,” December 2, 2022.
“Hochul’s chief judge pick met with growing opposition,” December 23, 2022.
“After progressives block LaSalle’s nomination, what happens next?” January 18, 2023.
“Changes to New York’s judicial nominating system raise eyebrows, possibilities,” April 11, 2023.
 “New York abortion bill headed for governor’s desk has constitutionality questioned,” June 21, 2023.
Newsday
“Experts: Brian Benjamin case shows corruption is harder to prove,” December 9, 2022.
“Experts: Brian Benjamin case shows corruption is harder to prove,” December 20, 2022.
“Hector LaSalle, former Suffolk prosecutor, nominated for New York chief judge,”  December 23, 2022.
 “Hector LaSalle, Hochul’s choice for chief judge, rejected by Senate panel,” January 18, 2023.
“Case deadlocks appear to rise as hunt for NY chief judge pushes into spring,” March 5, 2023.
“Hochul gets new chief judge list—with notice-able lack of prosecutors,” March 23, 2023.
“Analysts: Unprecedented indictment could veer into unusual territory,” April 1, 2023.
“Shifting gears, Gov. Hochul taps Rowan Wilson, a liberal, for NY chief judge,” April 11, 2023
“State Senate leader wants to eliminate judicial nomination panel,” April 11, 2023.
“State Senate confirms Caitlin Halligan for Court of Appeals,” April 20, 2023.
“As Supreme Court tosses political corruption convictions, debate rages over who’s at fault,” May 19, 2023.
NY Post
“Hochul claims NYS Senate committee cannot block court pick Hector LaSalle,” January 12, 2023.
“Judges blast NY Democrats blocking Kathy Hochul top pick Hector LaSalle,” January 5, 2023.
“NY majority leader to Hochul: We ‘make our own rules’ on judge pick LaSalle,” February 14, 2023.
“New judge list gives Kathy Hochul second chance after LaSalle disaster,” March 29, 2023.
“Gov. Kathy Hochul taps liberal Judge Rowan Wilson to lead NY’s highest court after centrist pick fail,” April 10, 2023.
“NYC Bar Association refuses to approve several Queens judicial candidates in primary election,” June 16, 2023.
WMHT
“State Budget Deal Nears as Talks Continue; New York Has a New Chief Judge,” April 21, 2023.
“Meet New York’s First Chief Judge of Color: Rowan Wilson,” April 21, 2023.
“How might Rowan Wilson operate as Chief Judge of NY?” April 25, 2023.
WTEN
“Chief Judge pick receives pushback from Dems,” December 23, 2022
“Hochul proposes changes to bail reform in 2024 budget,” February 7, 2023.
“Chief Judge applications are due, what’s next?” March 10, 2023.
“Next steps in Chief Judge nomination process,” April 11, 2023.
“U.S. Supreme Court tosses Percoco,  Kaloyeros convictions,” May 13, 2023.
Other
WAMC radio story, “The Best of 2022,”: December 29, 2022.
Esquire Magazine: “Merrick Garland Has Risked Justice by Betting on Impartiality,” January 14, 2023.
WGRZ: “Liberal senators oppose NY gover-nor’s pick to lead top court,” January 10, 2023.
Buffalo News: “Left’s attacks may sink Hochul’s court pick, but are they true?” January 10, 2023.
Associated Press: “Liberal senators oppose NY governor’s pick to lead top court,” January 9, 2023.
FingerLakes1.com: “Debate over state’s chief judge pick intensifies as supporters rally in  New York,” January 9, 2023.
Politico: “Progressives may tank Hochul’s pick to lead New York’s top court. She’s fighting back,” January 15, 2023.
BCNYS.org: “The Business Council,” January 10, 2023.
LoHud.com: “Criticism of LaSalle for NY chief judge flares in Hochul’s first term. What’s his future?” January 10, 2023.
Fair.org: “New York Press: Hey, People, Leave That Judge Alone,” on January 17, 2023.
WXXIL “State Senate to hold high-stakes  hearing on Hochul’s choice for chief judge,” on January 17, 2023.
Rochester Democrat and Chronicle: Gov. Kathy Hochul’s chief judge nominee
grilled, then denied, at New York Senate hearing,”January 18, 2023.
Wall Street Journal: “N.Y. Gov. Kathy Hochul’s High-Court Pick, Hector LaSalle, Fails in Committee Vote,” January 18, 2023.
WXXI: “Politics, state constitution square off in New York chief judge stalemate,” on February 2, 2023.
The Hill: “Calls grow for stronger ethics rules for Supreme Court justices, families,” February 9, 2023.
NY 1: “Albany Law School professor describes process of choosing New York’s next chief judge,” March 27, 2023.
New York Times: “Hochul Names a New Candidate to Become New York’s Top Judge,” on April 10, 2023.
Enews.com story, “Gov. Kathy Hochul taps liberal Judge Rowan Wilson to lead NY’s  highest court,” April 11, 2023.
Gothamist: “Gov. Hochul’s top court picks could help tip the balance of Congress,”  
April 12, 2023.
NY Focus :“Two New Judges Could Mark a Liberal Shift for New York’s Highest Court,” April 20, 2023.
Reuters: “New York state confirms new chief judge, installing liberal nominee,” April 20, 2023.
boltsmag.org: “New York’s Highest Court Takes a Step to the Left, Maybe,” on April 20, 2023.
Daily News: “Changes in store for New York’s Court of Appeals with Wilson in charge and Halligan on the bench,” on April 21, 2023.
Brooklyn Eagle: “Judge Rowan Wilson to  address NYS bar association pro bono honorees on law day,” May 1, 2023.
Wall Street Journal: “Kathy Hochul’s Power in Albany Faces Questions After Rough Patch,” May 1, 2023.
NY Daily News: “New York’s Congressional House map returns to court as Democrats  challenge lines,” June 8, 2023.

Dean Ray Brescia
 “With Warnock’s Win, Senate Dems Could Establish a Jan. 6 Committee of Their Own,” December 8, 2022.
Authored the Los Angeles Times story,  
“Opinion: The PGA Tour-LIV Golf merger isn’t the problem,” on June 13, 2023.
Quoted in the Above the Law story, “Small Firms, Small Towns: Bringing Legal Services To Rural Communities,” on June 20, 2023
Authored the City Monitor story, “The case against golf courses,” on March 16, 2023.
Hon. Harold R. Tyler Chair in Law and Tech-nology; Professor of Law Ray Brescia authored, “ANALYSIS: Innovative Law Schools Embrace Experiential Learning,” on Bloomberg Law on March 14, 2023.
Hon. Harold R. Tyler Chair in Law and Technology; Professor of Law Ray Brescia was quoted in the Law 360 story, “Law Prof Makes Case For ‘Teaching To The Tech’ Amid AI Risk,” on February 23, 2023.

Professor Al Chapleau ’78
Quoted in the Schenectady Gazette story,
“Waite: Attorney’s questions provide answers on defense’s likely strategy in Schoharie limo crash trial,” on May 2, 2023.
Professor Christine Chung
Quoted in the Spectrum New story,  
“Examining the ‘complex web of cases’ facing Donald Trump,” on December 12, 2022.
Quoted in the Cryptosaurus story, “Sam Bankman-Fried pleads not guilty to fraud  and other charges linked to FTX collapse,” on January 3, 2023.
Quoted in the KUOW story, “Sam Bankman-Fried pleads not guilty to fraud and other charges tied to FTX’s collapse,” on January 3, 2023.
Quoted in the NPR story, “Sam Bankman-Fried pleads not guilty to fraud and other charges tied to FTX’s collapse,” on January 3, 2023.
Quoted in the WABE story, “Sam Bankman-Fried pleads not guilty to fraud and other charges tied to FTX’s collapse,” on January 3, 2023.
Quoted in the Market Watch Story, “silicon valley bank ceos stock sales and chief risk  officers exit may trigger closer look by feds  sec veteran,” on April 6, 2023.
Quoted in the Market Watch Story, “Ex-CEO of Silicon Valley Bank not off the hook for stock sales ahead of bank collapse, law professor says,” on May 26, 2023.

Professor Patrick Connors
Authored, “New Cplr321d Allows for a  Limited Scope Appearance by an Attorney,” on Law.com on March 23, 2023.

Associate Dean for Strategic Initiatives Antony Haynes
Featured in the Law.com story, “Antony Haynes Joins Dorf & Nelson LLP to Head Cybersecurity & Data Privacy Practice Group,” on April 3, 2023.
Associate Professor of Law Robert Heverly ’92 was featured in the Law360 story, “Critics  Say Kids Online Safety Bill Violates 1st Amendment,” on December 7, 2022.

Professor Michael Hutter
Professor of Law Michael Hutter authored the Law.com article, “Admissibility and Discovery of an Experts Compensation History,” on December 12, 2022.
Authored the Law.com story, “NYS Rule of Completeness an Effective Tool in Presenting Your Case,” on May 31, 2023.
Authored the Law.com story, “Attorney  Client Privilege 2022 Instructive Decisions,” on February 1, 2023.

Professor Sarah Rogerson
Featured on the WAMC show, “The Capitol Connection #2321,” on June 1, 2023.
Featured on the Spectrum story, “Albany County executive, NYC mayor staffers talk, cut deal for better communication on migrants,” on May 31, 2023
Featured on the Spectrum story, “Justice Center at Albany Law School director discusses New York migrant influx,” on May 17, 2023.
Featured in the City and State story,  
“Opinion: New York must pass the Access
to Representation Act for immigrants facing deportation,” on April 11, 2023.
Featured on the Spectrum story,  
“Lawmakers push to include minimum wage in state budget,” on March 31, 2023.